Section 108. Alteration in agreement with the crew

108. Alteration in agreement with the crew .―Every erasure, interlineation or alteration in any agreement with the crew (except additions made for the purpose of shipping substitutes or persons engaged subsequently to the first departure of the ship) shall be wholly inoperative,[2] [unless proved to have been made with the consent of all the persons, interested in the erasure, interlineation or alteration by the written attestation,― (a) if in India, of some shipping master or customs collector; or (b) if outside India, by an Indian consular officer or at any port outside India at which no Indian consular officer is available any such person as is authorised in this behalf by the Central Government by notification in the Official Gazette]. Employment of young persons 3 [109. Prohibition of engagement of underage persons in certain cases.― (1) No person under the age of sixteen years shall be engaged or carried to sea to work in any capacity in any ship. (2) (a) No young person shall be engaged in night work. (b) The period of night work shall be such, as may be prescribed: Provided that the Director-General of Shipping,― (i) for giving effective training; or (ii) for performing a specific nature of duty, 1. Ins. Act 41 of 1984, by s. 6 (w.e.f. 15-7-1985). 2. Subs. by s. 7, ibid ., for certain words (w.e.f. 15-7-1985). 3. Subs. by Act 32 of 2014, s. 9, for section 109 (w.e.f. 1-4-2015). 108. If a person is guilty of an offence under 334(1), sub-section (1) or if a master is guilty of 334(2) an offence under sub-section (2) of section 334. - Imprisonment which may extend to six months, or fine which may extend to one thousand rupees, or both. - 1[108A If an Indian nuclear ship proceeds or 344C . attempts to proceed to sea in contravention of sub-section (1) of section 344C. - The master or owner shall be liable to fine which may extend to ten thousand rupees. 2[The master or owner or agent shall be liable to penalty which may extend to five lakh rupees and the ship may also be detained.] - 108B. If an Indian nuclear ship, fails to comply 344D with sub-section (1) of section 344D. - 108C. If a nuclear ship other than an Indian ship 344E enters the territorial waters of India in contravention of section 344E - 108D. If the master of a nuclear ship fails to give 344F the notice required by sub-section (1) of section 344F. The master shall be liable to fine which may extend to ten thousand rupees. Fine which may extend to ten thousand rupees. - 108E. (a) If the master of a nuclear ship fails to 344G(1), give the notice required by sub-section (2) and (5) (1) or sub-section (2) or sub-section (5) of section 344G; - Imprisonment which may extend to one year or fine which may extend to ten thousand rupees or both. at night, may, by order permit engagement of any young person in night work which shall not be detrimental to the health or well being of such young person.] 110 . [ Engagement of young persons as trimmers or stokers. ] Omitted by the Merchant Shipping (Second Amendment) Act , 2014 (32 of 2014), s . 10 ( w.e.f . 1-4-2015). - (b) if the master of a nuclear ship fails to 344G(3) comply with any directions issued and (5) under sub-section (3) or sub-section (5) of section 344G. - Imprisonment which may extend to one year or fine which may extend to ten thousand rupees or both.] 1. Ins. by Act 21 of 1966, s. 35 (w.e.f. 28-5-1966). 2. Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 10-9-2024). - 348 1[Penalty which may extend to five lakh rupees]